'Drug traffickers would flood into our state:' Judges pan Issue 1

Judge Megan Shanahan was joined by 16 other judges from the Hamilton County court system and the Ohio First District Court of Appeal Tuesday to speak out against the proposed constitutional amendment designed to lessen penalties for some drug offenses.(Photo: Cameron Knight/The Enquirer)Buy Photo

Ohio Issue 1 would reduce penalties for some drug users. Supporters say it would reduce prison population. Opponents say it would make Ohio less safe.
Jessie Balmert, jbalmert@enquirer.com

Even the deputies operating the metal detector at the Hamilton County Courthouse were talking about Issue 1, as nearly 20 area judges gathered Tuesday to speak out against the proposal.

Issue 1 will be on November's ballot. The proposed constitutional amendment would reduce sentences for buying, possessing or using certain drugs. The initiative would require a 25 percent sentence reduction for most crimes, if an offender participates in "rehabilitative" or "educational" programming.

Thirty-two judges from the Hamilton County court system and Ohio First District Court of Appeals signed a statement opposing the initiative. And in a rare news conference, 18 of those stood in a fifth-floor courtroom to speak to reporters.

Judge Robert Ruehlman said the constitutional amendment would turn the state "into a lawless place."

"Drug traffickers would flood into our state," Ruehlman said.

The judges said the amendment would harm specialized drug courts, such as the one in Hamilton County, designed to incentivize enrollment in treatment programs. Shanahan said most first-time drug offenders do not submit to rehabilitation programs. Instead, it's the threat of felony convictions and probation violations that get people into treatment.

"We care about our community. Every judge wants to see the people that come into court beat the addiction the disease of addiction," she said. "No one here is satisfied with the progress that's been made battling the opioid epidemic ... but if Issue 1 were to pass, it would be a catastrophic setback in delivering effective treatment."

Stephen JohnsonGrove with the Ohio Justice and Policy Center said he helped craft Issue 1. He attended a portion of the press conference Tuesday.

In response to the judges, JohnsonGrove said Ohio's earned credit program for inmates is among the "stingiest in the country." He said many states have more generous earned credit programs and that "the sky has not fallen."

Judge Charles Kubicki said the state already offers programs that lets certain qualified inmates out of prison early, including "good time" credit.

"Let's look at the experience of the people in the trenches," Kubicki said. "You've got a guy who's never set foot in the courthouse trying to tell us we've got it all wrong."